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The deposited acceptance rule is also known as the _____ rule.
A. mirror image
B. mailbox
C. unilateral
D. bilateral
E. negotiation
Which of the following statements about a breach of contract is false?
A. If a breach by one party is serious enough, the other party may be permitted to
rescind or cancel the contract.
B. The remedy of an injured party may be an order by the court commanding the other
party actually to perform a bargain as agreed.
C. The single largest number of lawsuits today involves businesses suing one another
for a breach of contract.
D. A tort is a kind of breach of contract which is a civil wrongdoing.
E. Compensatory damages along with additional consequential damages may be
awarded in some cases of breach of contract.
A city makes it a crime to write anything on any public or private property. Harry was a
resident of the city. He wanted to write something on a private sign that he owned. As
he was worried about violating the law, he approached the court for support. The court
declared this law unconstitutional based on the _____.
A. overreaching doctrine
B. overstretching doctrine
C. overextension doctrine
D. doctrine of nullification
E. overbreadth doctrine
Zoning boards may create zoning laws for all of the following, EXCEPT:
A. to separate commercial districts from residential districts.
B. to specify the number of buildings that can be built on land.
C. to enforce ethnic or gender diversity.
D. to impose specific color requirements.
E. to specify a specific design for all buildings in an area.
An _____ contract is one that is partially or completely unperformed.
A. executed
B. executory
C. express
D. exculpatory
E. unenforceable
Possible civil remedies for violation of the Digital Millennium Copyright Act can
include:
A. consequential damages.
B. actual and punitive damages.
C. actual damages and injunction.
D. double actual damages.
E. compensatory damages.
A corporation created under the authority of a foreign country may be called a(n) _____
corporation.
A. imported
B. offshore
C. alien
D. distant
E. external
Limited partners:
A. are personally responsible for debts of the business.
B. control operations of the limited partnership.
C. may dissolve the limited partnership by assigning their interest in a business to
another person.
D. may have their surnames used in the partnership's name.
E. may act as a guarantor of the partnership's obligations.
The regulation of securities began as a program to:
A. prohibit an individual's service as an officer or director.
B. recover triple damages in civil actions against a user of nonpublic information.
C. help the United States overcome the Great Depression of the 1930s.
D. eliminate liabilities for short-swing profits made by insiders.
E. help potential investors to make investment decisions based on less certain criteria.
Under the workers' compensation laws:
A. the compensation paid to the workers excludes medical benefits.
B. liability requires the necessary association between the injuries and the business of
the employer.
C. employers, treating the costs of injuries as part of the costs of production, may not
pass them on to the consumers.
D. the three defenses under the common law are strengthened.
E. liability exists only if there is proof of lack of negligence or fault.
James has been appointed as an arbitrator in a dispute. Which of the following can he
do without the danger of it constituting misconduct?
A. Accepting gifts from a party to the proceedings
B. Holding hearings without a member of the arbitration panel present
C. Communication with a party to the proceedings with consent of the other party
D. Receipt of evidence as to a material fact without notice to a party
E. Conducting an independent investigation into a material matter after the close of
hearings
Supreme Court Justices are:
A. appointed and approved by the president.
B. appointed by the members of the lower courts.
C. appointed by the U.S. House of Representatives.
D. appointed by Congress.
E. appointed by the president alone.
A partner in a _____ partnership is one engaged in the business of buying and selling
commodities, has the implied authority to borrow money in the usual course of business
and to pledge the credit of the firm.
A. trading
B. superior
C. traditional
D. business
E. nontrading
Ethical formalists maintain that:
A. harm to an individual is allowable as long as it serves a greater good.
B. values are situational and change based on circumstance.
C. harm to individual rights is never justified by an increase in organizational or
common good.
D. the good of the many always supersedes the good of the few.
E. right and wrong are unknowable.
The Foreign Sovereign Immunities Act codified which of the following?
A. Foreign governments cannot be sued under any cause of action within the United
States.
B. Foreign governments can be sued for most causes of action except when
participating in commercial acts.
C. Foreign governments cannot be sued for most causes of action but can be sued when
participating in commercial acts.
D. Sovereign immunity was abolished making foreign governments liable for all acts
committed within the United States, whether commercial or not.
E. Sovereign immunity held that governments could be held liable for nationalization of
assets.
Arbitrators are typically chosen by:
A. the U.S. Supreme Court.
B. fiat.
C. the disputing parties.
D. Federal Rules of Civil Procedure.
E. mediators.
The Security Act of 1933 requires the preparation and distribution to potential investors
of the:
A. registration statement only.
B. registration statement and prospectus.
C. prospectus and licensing agreement.
D. registration statement, prospectus, and licensing agreement.
E. licensing agreement.
Which of the following is true of phishing?
A. Rummaging through the trash looking for personal information.
B. Pretending to be financial institutions or companies to get individuals to reveal their
personal information.
C. Stealing credit/debit card numbers using a special storage device when processing a
card.
D. Diverting billing statements to other locations.
E. Stealing wallets, purses, mail, credit cards, checks, tax information and so forth.
The Landrum-Griffin Act prohibits:
A. secondary boycotts.
B. strikes.
C. lockouts.
D. yellow-dog contracts.
E. whistleblowing.
Administrative agencies often provide needed continuity and consistency in the
formulation, application, and enforcement of rules and regulations governing business.
These agencies are providing _____.
A. specificity
B. expertise
C. protection
D. regulation
E. services
Which idea of law tries to go beyond just the words of law to examine what police,
administrators, prosecutors, and judges are actually doing as they enforce, interpret, and
apply laws?
A. Positive law jurisprudence
B. Sociological jurisprudence
C. Stare Decisis
D. Legal realism
E. Originalism
Which of the following is exempt from the authority of the NRLB?
A. All nonretail operations
B. Independent contractors
C. Interstate transportation enterprises
D. Television stations
E. Private universities
Anna files a lawsuit against her employers on the grounds of hostile work environment.
Ed, a black co-worker of Anna's, is interviewed by the EEOC to investigate Anna's
claim. During the interview, Ed supports Anna's complaint, verifying each of her claims
as being true. When management hears that Ed has cooperated with the EEOC and
given damning testimony against the company, they transfer him to their facility at
International Falls, MN. Ed's salary remains the same as does his job title. The standard
of living in International Falls is much lower than where he lives now. Which of the
following is true?
A. Ed is a victim of disparate treatment.
B. Ed is a victim of disparate impact.
C. Ed is a victim of retaliation.
D. Ed has no cause for action because his salary and job title have not been affected.
E. Ed has no cause for action as the organization reserves the right to transfer its
employees according to its requirements.
_____ is the process used to persuade or coerce someone to do what you want them to
do.
A. Avoidance
B. Accommodation
C. Negotiation
D. Competition
E. Collusion
Judicial review is:
A. the right of a court to review legislation and declare it unconstitutional.
B. the right of a legislature to pass statutes that overrule court decisions.
C. the right of an appellate court to overrule a lower court decision.
D. the right of the executive branch to enforce or not enforce judicial decisions.
E. the right of a court to create laws.
The main job of judges is to:
A. determine the facts from the evidence in a jury trial.
B. present the evidence to the jury.
C. give juries no deference.
D. apply the law to the facts.
E. campaign for reelection.
If performance of a party to a contract only slightly deviates from contract
requirements, this will be considered:
A. complete performance.
B. substantial performance.
C. breach of contract.
D. waiver of performance.
E. divisibility of performance
What is a writ of certiorari?
A. The underlying principle of a case
B. The process of finding out the facts of the case
C. An oath administered to a witness requiring him to speak the truth
D. A request for permission to file an appeal with the U.S. Supreme Court
E. A plea wherein the defendant agrees not to contest the charges
_____ decides the nature and parameters of EU law.
A. The Parliament
B. The Commission
C. The Court of Justice
D. The Council
E. The Council of Ministers
Which of the following statements about substantive law is true?
A. It is regulation and made by agencies of the federal government.
B. It covers the rules of how owners transfer resources by exchanging them.
C. The time allowed for one party to sue another is an example of substantive law.
D. Enforcement of a contractual promise is substantive in nature.
E. It provides the machinery for rights and duties.
